–  PRIVACY POLICY  –

Welcome to Evert Restaurant’s Privacy Policy

 

  1. This policy sets out how we handle your personal information if you’re a visitor to our Site. It applies across www.evertopstal.co.za (the “Site”).
  2. When we say ‘we’, ‘us’ or ‘Evert Restaurant’ it’s because that’s who we are and we own and run the Site.
  3. If we say ‘policy’ we’re talking about this privacy policy. If we say ‘user terms’ we’re talking about the rules for using each of the Site. The rules vary by product and each product makes them separately available and seeks consent to them separately to this policy.

 

The type of personal information we collect

  1.  We collect certain information about visitors and users of our Site.
  2. The most common types of information we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, forum comments, content you direct us to make available on our Site and web analytics data.

 

How we collect personal information

  1.  We collect personal information directly when you provide it to us or automatically as you navigate through the Site with Cookies.
  2. We collect your personal information when you provide it to us when subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.

 

How we use personal information

  1.  We will use your personal information:
    1. providing you with services described on the Site;
    2. carrying out technical analysis to determine how to improve the Site and services we provide;
    3. monitoring activity on the Site, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Site;
    4. managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Site or asking for your feedback or whether you want to participate in a survey;
    5. providing general administrative and performance functions and activities; and
  2. Where you give us consent:
    1. providing you with marketing information about products and services which we feel may interest you; and
    2. customising our services and webSite, like advertising that appear on the Site – where this involves the use of cookies or similar technologies – in order to provide a more personalised experience.
    3. For purposes which are required by law.
    4. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.

 

When we disclose your personal information

  1.  We will only disclose personal information to the following recipients:
    1. regulators and government authorities in connection with our compliance procedures and obligations;
    2. a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
    3. a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
    4. a rights holder in relation to an allegation of intellectual property  infringement or any other infringement; and
    5. other recipients where we are authorised or required by law to do so.

 

Marketing Choices regarding your personal information

  1.  Where we have your consent to do so (e.g. if you have subscribed to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
  2. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Site may not work properly in your case.

 

Cookies and web analytics

  1.  When you visit our Site, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
    1. your IP address or proxy server IP address’;
    2. the domain name you requested;
    3. the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
    4. the date and time of your visit to the website;
    5. the length of your session;
    6. the pages which you have accessed;
    7. the number of times you access our site within any month;
    8. the file URL you look at and information relating to it;
    9. the website which referred you to our Site; and
    10. the operating system which your computer uses..

 

How you can contact us

  1.  If you have any questions about this Privacy Policy, please contact us on +27 21 979 7186 or email info@evertopstal.co.za

 

If you’re a user or visitor in the European Economic Area these rights also apply to you:

  1. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
  2. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
  3. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
  4. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
  5. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.

 

Evert Restaurant Email Policy Terms and Conditions

This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).

The information contained in this electronic message is confidential and may be legally privileged. It is intended solely for the use of the receiver (individual or entity) to whom Evert Restaurant has addressed the electronic message to and others authorised by Evert Restaurant to receive it. If you are not the intended receiver you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. If you are not the intended receiver of this e-mail (or such person’s authorised representative), then please notify the sender of this e-mail immediately by return e-mail, facsimile or telephone and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person. Evert Restaurant is not liable for the improper or incomplete transmission of the information contained in this electronic message, or for any delay in its receipt.

Evert Restaurant is not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from. Any advice or information contained in this e-mail is subject also to any governing agreement between us. Only a director, the chief executive officer, the chief financial officer, a senior manager, a divisional managing director or divisional financial director of Evert Restaurant or an individual expressly authorised in writing by any of the aforementioned capacities for a specific transaction AND for a determinable period, acting within the scope of their authority, is able to bind Evert Restaurant contractually.

A general authority granted in terms of a delegation of authority or resolution or any other similar document shall not confer the required authority to bind Evert Restaurant unless specifically stated otherwise.

Unless expressly indicated as such, nothing in this e-mail constitutes an offer, warranty or representation from Evert Restaurant. Evert Restaurant expressly contracts out of sections 22 – 26 of the Electronic Communications and Transactions Act (25 of 2002) (“ECTA”). No electronic communication including any data message such as an e-mail or SMS, sent or received will give rise to a binding legal transaction. All legal transactions which are to be entered into with Evert Restaurant must be concluded in accordance with Evert Restaurant standard contract policy.

Evert Restaurant shall not be liable if any variation is effected to any document or correspondence emailed unless that variation has been approved in writing and signed by an authorised company representative. Use of scanned versions of hand-rendered signatures to give the impression that an e-mail has been “signed” by the sender, is not permitted by Evert Restaurant and the inclusion of such a “signature” is of no additional force or effect.

In accordance with the ECTA, an e-mail is only deemed to be received by Evert Restaurant once Evert Restaurant acknowledges receipt thereof. Evert Restaurant will be deemed to have sent an e-mail once reflected as sent on Evert Restaurant e-mail server. An auto-reply shall not constitute a response for the purposes hereof. If this electronic message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with Evert Restaurant and only the sender can be held liable in his/her personal capacity.

Evert Restaurant respects your privacy and acknowledge that this e-mail may contain personal details, which may belong to you, others and/or to your company (personal information). By sending Evert Restaurant this email communication, you expressly give Evert Restaurant consent to process and further process the personal information which will be done in accordance with the Protection of Personal Information Act (4 of 2013) (POPI), Evert Restaurant Privacy Policy documentation sets out why Evert Restaurant needs the personal information, what Evert Restaurant will do with it, and with whom Evert Restaurant will share it.

This e-mail disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at Pretoria in accordance with the Rules of the Arbitration Foundation of Southern Africa by an independent appointed arbitrator.

 

Both personal information and personal data have the same meaning in the context of this Privacy Policy.

 

Evert Restaurant Privacy Policy – effective date 1 July 2021.